The court emphasized the necessity for fair representation in judicial proceedings, mandating reconsideration of a restoration application where a prior decision was made erroneously.

JUDGMENT

The petitioners are appellants in REFA No.16/2025 on the files of the Kerala Real Estate Appellate Tribunal, Ernakulam filed against Ext. P1 order of the Kerala Real Estate Regulatory Authority in Complaint No.26/2021 filed by the first respondent herein. The said appeal was dismissed for default by Ext.P3 order dated 03.03.2025. The petitioners filed Ext.P4 application for its restoration. However, the same was dismissed by Ext.P9 order. Challenging Ext.P9, this original petition is filed. This Court by order dated 25.07.2025 stayed execution of Ext. P1 as against the petitioners.

2. Registry has noted that service of notice to respondent No.4 (respondent No.3 in Complaint No.26/2021) is not complete. Respondent No.4 was deleted from the array of respondents in the complaint as seen from Ext.P1 order.

Therefore, notice to respondent No.4 is dispensed with. 3. It is contended by the learned counsel for the petitioners that Ext. P9 order has been passed without considering the averments in Ext. P4 application and that the Tribunal disregarded the appearance of the junior counsel and erroneously recorded in Ext. P9 that there was no representation for the petitioners.

4. Sri. T. Madhu, learned counsel for the first respondent, who is the complainant before the Kerala Real Estate Regulatory Authority submits that the first respondent has no objection in Ext.P4 application for restoration being reconsidered by the Tribunal and the original petition may be disposed of with such direction.

In the light of the said submission and in the facts and circumstances of the case, Ext.P9 order is set aside and the original petition is disposed of directing the Kerala Real Estate Appellate Tribunal, Ernakulam to consider Ext.P4 application afresh and in accordance with law, untrammeled by any observations in Ext.P9. The parties shall appear before the Kerala Real Estate Appellate Tribunal, Ernakulam on 16/03/2026. Fresh orders on Ext.P4 shall be passed within two months therefrom.

Sd/-